United States of America v. LaPant et al

Filing 84

STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 8/31/2018 APPROVING to Amend the Schedule and for Partial Stay of Discovery: Discovery due by 12/21/2018; Dispositive Motions shall be heard on or before 2/22/2019; Joint Pretr ial Statement due by 5/23/2019; Motions in Limine, Final Pretrial Conference, Trial Brief, Jury Trial (Liability), and Bench Trial (Remedy) will be set upon resolution of dispositive motions or at a further scheduling conference; in all other respects the Court's prior Status and Scheduling Orders remain in effect. (Yin, K)

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DOWNEY BRAND LLP
ROBERT P. SORAN
ASHLEY M. BOULTON
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone: [phone] / Facsimile: [phone]
Attorneys for GOOSE POND AG, INC., and FARMLAND MANAGEMENT SERVICES
CANNATA, O’TOOLE, FICKES & ALMAZAN
THERESE Y. CANNATA
MARK P. FICKES
KIMBERLY A. ALMAZAN
100 Pine Street, Suite 350
San Francisco, CA 94111
Telephone: [phone] / Facsimile: 415.409.8904
Attorneys for ROGER J. LAPANT, JR. dba J&J FARMS
JEFFREY H. WOOD
Acting Assistant Attorney General
ANDREW J. DOYLE
JOHN THOMAS H. DO
United States Department of Justice
Environmental and Natural Resources Division
P.O. Box 7611
Washington, DC 20044
Telephone: [phone] (Doyle), [phone] (Do)
McGREGOR W. SCOTT
United States Attorney
GREGORY T. BRODERICK
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Attorneys for the UNITED STATES OF AMERICA

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,
v.
ROGER J. LAPANT, JR., J&J FARMS,
GOOSE POND AG, INC. and
FARMLAND MANAGEMENT
SERVICES,

Case No. 2:16-cv-01498-KJM-DB
STIPULATION, MOTION, AND
PROPOSED ORDER TO AMEND
SCHEDULE & PARTIAL STAY OF
DISCOVERY

Defendants.

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Joint Motion to Amend Schedule/Part. Stay of Disc.

Case No. 2:16-cv-01498-KJM-DB

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The plaintiff and all of the defendants to this action (“Parties”)—the United States of

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America and Roger J. LaPant, Jr., dba J&J Farms (“Mr. LaPant”), Goose Pond Ag, Inc., and

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Farmland Management Services (collectively, “Goose Pond Defendants”)—hereby stipulate,

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move, and propose that the Court amend the controlling “Scheduling Order,”1 as set forth in

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Paragraphs 1 and 2 below. Further, the Parties to this action hereby stipulate, move, and propose

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that the Court impose a partial stay of discovery under the terms and conditions set forth below

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in Paragraphs 3 through 6 below.

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Statement from the United States and the Goose Pond Defendants. The United States

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and the Goose Pond Defendants submit that good cause supports this stipulation, motion, and

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proposed Order. (Mr. LaPant did not draft and does not join this paragraph and the next one.)

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On August 7, 2018, the United States and Goose Pond Defendants reached an agreement in

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principle to resolve count two of the United States’ complaint, subject to their completion and

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lodging of a proposed consent decree. The United States and the Goose Pond Defendants

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expect to complete a proposed consent decree as soon as possible and both share the goal of

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lodging any proposed consent decree by the end of August, 2018, subject to approval by

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authorized officials in the Department of Justice. If and when these parties execute a proposed

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consent decree, it will then be made available for public comment for a period of at least 30

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days. See 28 C.F.R. § 50.7. Next, following the comment period (and assuming no changes to

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any decree ensue as a result of the comment process), the United States expects to move the

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Court to enter the decree in October, 2018. The Court’s review period is estimated to take

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approximately 28 days (depending on the Court’s schedule). The entire process for the United

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States/Goose Pond Defendants settlement is estimated to take approximately 90 days from

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August 7, 2018.

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The Court’s latest scheduling Order dated April 6, 2018 (ECF No. 56), and its prior status and
scheduling orders are dated April 7, 2017 (ECF No. 32), June 7, 2017 (ECF No. 49), and
December 19, 2017 (ECF No. 52). The United States and Mr. LaPant also have a pending
stipulation and proposed Order dated July 27, 2018 (ECF No. 73), that pertains to one narrow
aspect of the scheduling Order; granting that request is consistent with the relief requested
herein.

Joint Motion to Amend Schedule/Part. Stay of Disc.

No. 2:16-cv-01498-KJM-DB
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Assuming that a consent decree between the United States and the Goose Pond

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Defendants is entered in approximately 90 days, no claims against the Goose Pond Defendants

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would remain pending, and the Goose Pond Defendants would have no need to participate in

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any of the discovery and litigation proceedings that occur between the United States and Mr.

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LaPant. However, given the likelihood of settlement between the United States and the Goose

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Pond Defendants (and the narrowing of potential issues for trial between the United States and

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Mr. LaPant given the absence of the Goose Pond Defendants), it would likely be wasteful for

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the Goose Pond Defendants to participate in certain discovery and litigation proceedings.

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Statement from Mr. LaPant. Mr. LaPant was not privy to any of the discussion and/or

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proposed terms of the pending United States/Goose Pond Defendants settlement. Mr. LaPant

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therefore joins in this stipulation and supports the proposed order based on information and

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belief that the United States and Goose Pond Defendants have accurately estimated the timing

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for completion of their settlement, and that the settlement by its terms will not present an issue

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requiring new areas of fact and expert discovery for the remaining parties. Further, Mr. LaPant

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has informed the United States and the Goose Pond Defendants that he supports this stipulation

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and proposed Order, subject to his continuing concerns about the higher cost, weather, and

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scheduling challenges of fact and expert depositions outside of California given that, under the

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new proposed scheduling order, these depositions have to be convened and completed during

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the Thanksgiving and December holiday period. Mr. LaPant reserves his rights to seek a further

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amendment to the scheduling order in the event that these time estimates prove unrealistic

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and/or he is prejudiced by the limitations (and delays) now being imposed on his right to

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complete fact and expert discovery.

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Joint statement of the Parties. The Parties stipulate, move, and propose as follows:

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1.

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/////

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/////

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/////

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All remaining events should be rescheduled as follows:

/////

Joint Motion to Amend Schedule/Part. Stay of Disc.

No. 2:16-cv-01498-KJM-DB
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Event

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Close of Discovery

September 21, 2018

Dec. 21, 2018

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Dispositive Motions (Heard By)

November 20, 2018

Feb. 22, 2019

Joint Pretrial Statement Due

December 21, 2018

March 25, 2019
(alternatively: May 23, 20192)

Motions in Limine
Motion Due

January 12, 2019

April 15, 2019
(alternatively: June 12, 2019)

Opposition Due

January 22, 2019

April 22, 2019
(alternatively: June 21, 2019)

Reply Due

January 29, 2019

April 29, 2019
(alternatively: June 28, 2019)

Heard by Date

February 22, 2019

May 20, 2019
(alternatively: July 5, 2019)

Final Pretrial Conference

January 25, 2019

April 22, 2019
(alternatively: June 27, 2019)

Trial Brief

March 29, 2018

June 24, 2019
(alternatively: Aug. 12, 2019)

Jury Trial (Liability)

April 15, 2019

July 15, 2019
(alternatively: Sept. 3, 2019)

Bench Trial (Remedy)

May 20, 2019

August 19, 2019
(alternatively: Oct. 28, 2019)

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Current

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Proposed

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2.

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No later than October 15, 2018, the Parties shall complete their meet and confer

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regarding the scheduling of all depositions and the “Equipment Inspection”3 such that there is an

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agreement as to the date and place for each event (including confirmation of availability by any

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fact or expert witness affiliated with a party). Depositions may start on November 7, 2018, and the

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Parties are permitted to serve deposition notices and/or subpoenas in accordance with that start date

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The Parties have provided alternative proposed dates if, for example, the Court believes that
there should be more time between dispositive motions and trial-related deadlines.
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The term “Equipment Inspection” refers to the United States’ “First Request to LaPant to
Produce Tangible Things” propounded on July 20, 2018. The Parties agree that the Equipment
Inspection shall occur prior to any depositions of Gregory House, Matthew Kelley, Paul
Squires, Ken Lane, Todd LaPant and Mr. LaPant and no earlier than October 15, 2018.
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Joint Motion to Amend Schedule/Part. Stay of Disc.

No. 2:16-cv-01498-KJM-DB
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(or earlier upon agreement of the Parties). The Parties reserve the right to move the Court, jointly

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or unilaterally, to further amend the foregoing schedule based on good cause (e.g., if the United

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States’ and the Goose Pond Defendants’ 90-day estimation discussed above is exceeded and risks

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prejudicing any party). The Parties also reserve their right to oppose any requested amendment. 

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3.

From now until the Court enters any consent decree between the United States

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and the Goose Pond Defendants (or the United States and/or the Goose Pond Defendants notify

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the Court that their settlement has failed), the Parties shall not: (a) propound or conduct any fact

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or expert discovery, written, oral, or otherwise, including but not limited to any depositions or

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any requests or subpoenas for documents, except as set forth in Paragraphs 4 through 6 below;

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and (b) conduct any law and motion practice, except for motion practice required to complete

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settlement between the United States and the Goose Pond Defendants (e.g., motion for entry of a

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proposed consent decree), discovery motions as referenced in Paragraphs 4 and 5 below, and

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motions to amend or for leave as referenced in Paragraph 2 above or Paragraph 6 below.

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4.

This stipulation, motion, and proposed Order does not prohibit the following

discovery (and any related motion to compel or similar discovery motion) at any time:

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a.

Interrogatories solely between the United States and Mr. LaPant;

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b.

Requests for admission solely between the United States and Mr. LaPant;

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c.

Requests for documents solely between the United States and Mr. LaPant; and

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d.

Subpoena for documents and electronically stored information from third parties,
provided that the third party is not either affiliated with the Goose Pond
Defendants (i.e. current employee or affiliated business entity), is not a former
employee, retained expert, or confidential consultant, and the subpoena does not
otherwise seek documents that contain information in the possession or control of
the subpoenaed third party, which is asserted to be privileged or protected from
disclosure by the Goose Pond Defendants.4

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To facilitate implementation of this provision, the Parties further agree that any party wishing
to serve a subpoena during the stay period shall first provide seven days advance written notice
to all other parties, prior to service of any such subpoena. No such subpoena may be served
without leave of Court if the Goose Pond Defendants notify the other parties in writing, within
the seven day period, that the proposed subpoena is directed to a party that is either affiliated
with the Goose Pond Defendants (i.e. current employee or affiliated business entity), or is a
former employee, retained expert, or confidential consultant, or the subpoena otherwise seeks
documents that contain information in the possession or control of the subpoenaed third party,
which is asserted to be privileged or protected from disclosure by the Goose Pond Defendants.

Joint Motion to Amend Schedule/Part. Stay of Disc.

No. 2:16-cv-01498-KJM-DB
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5.

This stipulation, motion, and proposed Order does not prohibit the United States

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and Mr. LaPant from taking any action to address or resolve disputes regarding any outstanding

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or future discovery requests solely between themselves, including any pending discovery

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motions or matters currently the subject of discussion among the Parties.

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6.

The Parties reserve their right to seek leave of Court for any appropriate relief

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from or related to the restrictions on discovery set forth in this stipulation, motion, and proposed

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Order upon a showing of good cause. By the same token, the Parties reserve their right to

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oppose any request for relief.

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STIPULATED AND RESPECTFULLY SUBMITTED,

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DATED: August 21, 2018

DOWNEY BRAND LLP

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By: /s/ Robert P. Soran (authorized 08/21/2018)
ROBERT P. SORAN
Attorneys for GOOSE POND AG, INC., and
FARMLAND MANAGEMENT SERVICES

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CANNATA, O’TOOLE, FICKES & ALMAZAN LLP

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By: /s/ Therese Y. Cannata (authorized 08/21/2018)
THERESE Y. CANNATA
Attorneys for ROGER J. LAPANT, Jr., dba J&J FARMS

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McGREGOR W. SCOTT
United States Attorney
By: /s/ Gregory T. Broderick
GREGORY T. BRODERICK
Assistant United States Attorney

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Joint Motion to Amend Schedule/Part. Stay of Disc.

No. 2:16-cv-01498-KJM-DB
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ORDER
Upon due consideration, and good cause shown, the Court approves and enters
Paragraphs 1 through 6 of the foregoing stipulation and motion with the following modifications:

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Event

Current Deadline

New Deadline

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All discovery completed

September 21, 2018

Dec. 21, 2018

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Last day to hear dispositive
motions

November 20, 2018

Feb. 22, 2019

Joint Pretrial Statement Due

December 21, 2018

May 23, 2019

Motions in Limine
Motion Due

January 12, 2019

Opposition Due

January 22, 2019

Reply Due

January 29, 2019

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Heard by Date

February 22, 2019

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Final Pretrial Conference

January 25, 2019

Trial Brief

March 29, 2018

Jury Trial (Liability)

April 15, 2019

Bench Trial (Remedy)

May 20, 2019

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To be set at upon resolution
of dispositive motions or at
further scheduling
conference.

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To be set at upon resolution
of dispositive motions or at
further scheduling
conference.
To be set at upon resolution
of dispositive motions or at
further scheduling
conference.
To be set at upon resolution
of dispositive motions or at
further scheduling
conference.
To be set at upon resolution
of dispositive motions or at
further scheduling
conference.

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In all other respects, the Court’s prior Status and Scheduling Orders remain in effect.

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DATED: August 31, 2018.

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UNITED STATES DISTRICT JUDGE

Joint Motion to Amend Schedule/Part. Stay of Disc.

No. 2:16-cv-01498-KJM-DB
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